16 MAR 03
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 3, 2016
7:00 P.M. – 7:38 P.M.
REGULAR CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DRIVE
The City Council of the City of Jacksonville, Arkansas met in regular
session on March 3, 2016 at the regular meeting place of the City
Council. Alderman Bolden delivered the invocation and Mayor Fletcher led
a standing audience in the “Pledge of Allegiance” to the flag.
ROLL CALL: Aldermen: Elliott, Bolden, Sansing, Ray, Mashburn, Traylor,
Twitty, Smith, and Howard answered ROLL CALL. Mayor Fletcher also answered
ROLL CALL declaring a quorum. PRESENT NINE (9), ABSENT (1). Alderman
McCleary was absent.
Others present for the meeting were: City Attorney Robert Bamburg,
Director of Administration Jim Durham, Finance Director Cheryl Erkel,
Human Resource Director Jill Ross, City Engineer Jay Whisker, Parks
Director Kevin House, Public Works Director Jim Oakley, Police Chief
Kenny Boyd, Fire Chief Alan Laughy, CDBG Director Theresa Watson, IT
Director Scott Rothlisberger, Water Department Superintendant Jake
Short, Water Department Field Manager Sal Pappalardo, Water Commission
Chairman Jim Peacock, Wastewater Manager Thea Hughes, Susan Pendergrass,
Addie Gibson, Les Collins, Johnny Simpson, Brian Boroughs, Planning
Commissioner Patrick Thomas, Lida Feller, interested citizens, and
members of the press.
PRESENTATION OF MINUTES:
Mayor Fletcher presented the minutes of the regular City Council meeting
of February 18, 2016 for approval and/or correction at the next regularly
scheduled City Council meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Ray moved, seconded by Alderman Howard that the minutes of the
regular City Council meeting of 4 February 2016 be APPROVED. MOTION
CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT
Alderman Ray moved, seconded by Alderman Bolden to approve the regular
monthly report for February 2016.
PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED
Building Permits 24 Building Inspections 37
Business Licenses 6 Electrical 41
Plumbing 45
HVACR 21
ROLL CALL: Aldermen: Elliott, Bolden, Sansing, Ray, Mashburn, Traylor,
Twitty, Smith and Howard voted AYE. MOTION CARRIED.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 3, 2016
7:00 P.M. – 7:38 P.M.
DEVIATION IN AGENDA:
WASTEWATER DEPARTMENTS: ORDINANCE 1546 (#6-2016)
AN ORDINANCE PROVIDIG FOR THE ISSUANCE AND SALE OF WASTWATER REFUNDING
REVENUE BONDS, SERIES 2016, IN ONE OR MORE SERIES, FOR THE PURPOSES OF
REFUNDING THE CITY OF JACKSONVILLE, ARKANSAS, WASTEWATER REFUNDING
REVENUE BONDS, SERIES 2009A (FEDERALLY TAXABLE) AND THE CITY OF
JACKSONVILLE, ARKANSAS WASTEWATER CONSTRUCTION REVENUE BONDS, SERIES
2009B (NON-AMT); PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND
INTEREST ON THE BONDS; PRESCRIBING OTHER MATTERS RELATING THERETO; AND,
DECLARING AN EMERGENCY.
Alderman Ray moved, seconded by Alderman Bolden that Ordinance 1546 be
placed on FIRST READING. ROLL CALL: Alderman Elliott, Bolden, Sansing,
Ray, Mashburn, Traylor, Twitty, Smith and Howard voted AYE. NAY (0).
MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of
Ordinance 1546.
Mr. Jack Truemper of Stephens, Inc. explained they have worked with the
Wastewater Department since 2014, looking for an opportunity to refinance
the 2009 A&B bonds regarding interest cost savings. He stated it was not
done last year so that they could include the franchise fees bonds under
a designation called “bank qualified” because it needed to be less than
10 million dollars in a calendar year. He related that the original
issue in 2009 was 18.3 million dollars, total for the series A&B, adding
that the 2016 bonds total is $15,880,000.00. He explained they were able
to lower the “all inclusive costs” from a 5.05% to 3.64%, which nets an
overall cash flow savings of $2,423,029.22. He related that on a present
value basis it represents $2,056,573.70, which equals 12.802%. He
explained that 3% in net present value savings is a good number but in
this case it was almost 13%. He then stated because the overall issue
was over 10 million dollars, the bond issue was rated by Standard and
Poor’s rating agency and received a rating of A+ with a stable outlook,
noting that the City can be proud of such an excellent rating. He added
that all the bonds were sold within the first 50 minutes of being
offered, explaining that every maturity was oversubscribed, meaning that
there was a greater demand than supply so they were able to reduce the
yields on each maturity by 5 basis points, which increased the savings
net another $91,000.00. He thanked the Council for the opportunity to
work with the City of Jacksonville.
Mr. Bill Spivey of Wright, Lindsey, and Jennings LLP also thanked the
Council for the opportunity to serve the City.
Alderman Bolden moved, seconded by Alderman Ray to APPROVE Ordinance 1546
on FIRST READING. ROLL CALL: Alderman Elliott, Bolden, Sansing, Ray,
Mashburn, Traylor, Twitty, Smith and Howard voted AYE. NAY (0). MOTION
CARRIED.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 3, 2016
7:00 P.M. – 7:38 P.M.
Alderman Ray moved, seconded by Alderman Traylor to suspend the rules and
place Ordinance 1546 on SECOND READING. ROLL CALL: Alderman Elliott,
Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Howard voted
AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the
heading of Ordinance 1546.
Alderman Elliott moved, seconded by Alderman Traylor to further suspend
the rules and place Ordinance 1546 on THIRD AND FINAL READING. ROLL
CALL: Alderman Elliott, Bolden, Sansing, Ray, Mashburn, Traylor, Twitty,
Smith and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City
Attorney Bamburg read the heading of Ordinance 1546.
Alderman Bolden moved, seconded by Alderman Traylor that Ordinance 1546
be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Bolden, Sansing,
Ray, Mashburn, Traylor, Twitty, Smith and Howard voted AYE. NAY (0).
MOTION CARRIED.
Alderman Ray moved, seconded by Alderman Traylor that the EMERGENCY
CLAUSE be approved and adopted. ROLL CALL: Alderman Elliott, Bolden,
Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Howard voted AYE. NAY
(0). MOTION CARRIED.
rd
ORDINANCE 1546 (#04-2016) APPROVED AND ADOPTED THIS 3 DAY OF MARCH,
2016
RESUME AGENDA:
WATER DEPARTMENT: SECOND READING ORDINANCE 1544 (#04-2016)
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE § 13.16.016 (PASS
THROUGH CHARGES) REGARDING WATER RATES; AND, FOR OTHER PURPOSES.
Alderman Traylor moved, seconded by Alderman Ray that Ordinance 1544 be
placed on SECOND READING.
Alderman Sansing stated that Ordinance 1544 is a compromise that was
offered to limit the pass-through charge to 2% once annually. He related
that he does not believe that there should be any pass-through and the
City should go back to the original ordinance rescinding the pass through
authority. He confirmed with Water Superintendant Short that the latest
contract of September 1, 2015 with CAW was at a higher rate than
previously obtained from Lonoke-White. He questioned why the Water
Commission would do that.
Superintendant Short stated that the cost remained the same, saying that
the price remained unchanged from the previous agreement.
Alderman Sansing noted that 3 months after signing the agreement, CAW
stated that they were going to raise the rate 35%. He stated that the
Water Commission has a 10 year contract with CAW, saying that he believes
any rate increases to the rate payers should be brought before the City
Council to protect the rate payers.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 3, 2016
7:00 P.M. – 7:38 P.M.
Alderman Traylor stated that he feels there is a difference between a
pass-through charge and a rate increase such as the one two years ago. He
recalled that there was a series of rate increases five or six years ago
that were 10% to 15% year after year. He stated he does not consider
this as a rate increase, saying this is a charge that Jacksonville Water
is having to absorb, and to keep us from getting back into a situation of
10% to 15% rate increases, he does not see a problem with a pass-through
charge of $.06 per gallon.
Alderman Sansing related that those increases Alderman Traylor referred
to were prompted through the Commission wanting to put in pipelines that
were promoted by Garver & Garver, pipelines from CAW into Jacksonville.
He added that there were also some Wastewater increases that were
mandated by EPA.
In response to a question from Alderman Mashburn, Superintendant Short
stated that he oversees the day to day operations of the Water
Department, adding that the Commission meets once monthly and receives
updates on the day to day operations, technical and financial aspects as
well as contract negotiations. He stated that he looks to the Commission
for guidance. He then answered that the Commissioners are appointed by
the City Council.
Alderman Sansing pointed out that in years past, the City was hostage to
CAW because they were the only “game in town” regarding water, but now
Lonoke-White is on line, saying that he sees no reason why the City
shouldn’t play the two off each other to protect the rate payers as much
as possible instead of just staying with old alliances.
Superintendant Short stated they recognize that and it is a “feather in
their cap” they have Lonoke-White as a source of water. He then pointed
out that Lonoke-White is a secondary source of water, noting the Master
Plan of 2003 and 2008, saying that Lonoke-White had been planned for
decades. He said that no one was sure it would happen, adding that the
Water Commission needed to identify a primary source of water for when
the wells are depleted and CAW was selected as that.
Alderman Sansing stated that the contract with Lonoke-White goes back to
2010, saying that even at that time it was stated that they could supply
a maximum of 10 million gallons per day, the same that CAW is able to
supply. He continued saying that according to the contracts, it appears
that both could supply the same amount of water to Jacksonville.
Superintendant Short stated that is not exactly accurate, explaining that
the plant capacity at Lonoke is 10 million gallons per day, assuming that
no other entities are taking water and if the infrastructure were in
place for Jacksonville to be able to take that amount. He clarified that
with the current infrastructure and the other entities that are taking
water; we are looking at 2 million gallons per day from Lonoke-White.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 3, 2016
7:00 P.M. – 7:38 P.M.
Alderman Sansing stated that currently we are getting a half million
gallons a day from Lonoke-White, a minimum of 1.79 from CAW, clearly
Lonoke-White could supply more at a lower cost than CAW.
Superintendant Short stated that is not necessarily the case, explaining
that if you factor in the $48,000 plus that we are paying monthly on top
of the water rate then the answer to that is no. He related that it is
significantly more expensive.
Alderman Ray stated that City Council approved Lonoke White as a backup
water source for Jacksonville because of negotiations years ago as a
primary source of water. He stated that it was known if something
happened to our primary source of water, we would have a backup source of
water with a guarantee for 50 years. He stated that he believes the
Water Commission has guaranteed the Jacksonville residents at least a 10
year source of water that is now up to 50 years, which is looking to the
future. He added that he feels the Commissioners that the City Council
appointed to manage the system for the residents of Jacksonville are
doing a good job in order to have a backup source of water in case of an
emergency. He pointed out that the rate increase was negotiated and he
feels it is as low a rate as we will ever see.
In response to a question from Alderman Mashburn, Superintendant Short
acknowledged that this would affect future increases next year and the
year after.
ROLL CALL: Alderman Bolden, Ray, Mashburn, Traylor, Twitty, and Smith
voted AYE (6). Alderman Elliott, Sansing, and Howard voted NAY (3).
MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of
Ordinance 1544.
Alderman Traylor moved, seconded by Alderman Bolden to APPROVE Ordinance
1544 on SECOND READING and suspend the rules and place Ordinance 1544 on
THIRD AND FINAL READING. ROLL CALL: Alderman Bolden, Ray, Mashburn,
Traylor, Twitty, and Smith voted AYE (6). Alderman Elliott, Sansing, and
Howard voted NAY (3). MOTION CARRIED. Whereupon City Attorney Bamburg
read the heading of Ordinance 1544.
Alderman Ray moved, seconded by Alderman Traylor that Ordinance 1546 be
APPROVED AND ADOPTED.
Alderman Elliott and Sansing questioned if the Ordinance had enough votes
to send it to THIRD AND FINAL READING.
City Attorney Bamburg clarified that it would take 7 votes to suspend the
rules for THIRD AND FINAL READING.
Mayor Fletcher stated that Ordinance 1544 passes SECOND READING and will
come back to the City Council at the next regularly scheduled City
Council meeting for THIRD AND FINAL READING.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 3, 2016
7:00 P.M. – 7:38 P.M.
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT:
SANITATION DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION: a. FINAL PLAT Lemac Subdivision
City Engineer Whisker stated that the street was completed a long time
ago with CDBG funds, the land to the north was slated to have mobile
homes but decided to rezone the property for smaller houses. It would
consist of 12 lots to construct 1200sf starter homes.
Alderman Traylor moved, seconded by Alderman Mashburn to approve the
Final Plat of Lemac Subdivision. MOTION CARRIED.
b. ORDINANCE 1545 (#5-2016)
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS
(GENERAL LOCATION: REAR PORTION OF THE MEADOWS SUBDIVISION); AMENDING
ORDINANCE NOS. 213 AND 238 AND THE LAND USE MAP OF THE CITY OF
JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES.
Alderman Ray moved, seconded by Alderman Bolden that Ordinance 1545 be
placed on FIRST READING.
City Engineer Whisker demonstrated the location of the lots within The
Meadows Subdivision on a PowerPoint presentation, pointing out that the
lots are to the rear of the Subdivision adjacent to the railroad tracks.
He recalled that approximately 2 years ago, 55 government houses were
constructed that would be run by Max Howell and at the end of that time
the houses will be owned by the Housing Authority. He stated that the
back lots are being proposed for the same circumstances but are planning
to be developed as duplexes instead of single-family housing. He
explained that the first two streets are houses that are owned and then
the next two and a half streets are the Housing Authority houses and then
the back lots are being proposed for duplexes if the rezoning passes.
In response to a question from Alderman Ray, City Engineer Whisker
estimated that the Subdivision has over 100 lots. He stated that the
first 30 to 40 are owned homes.
Alderman Ray issued concerns for the traffic on Cloverdale Road.
City Engineer Whisker pointed out that Cloverdale Road has two entrances
and there is Valentine and Homer Atkins leading out to the street.
Alderman Ray asked Police Chief Boyd about the call rates of the area.
Chief Boyd stated that he is unprepared to answer with exact numbers.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 3, 2016
7:00 P.M. – 7:38 P.M.
Mayor Fletcher stated that he can offer that he has reviewed the data
because he was concerned when the government housing began but it has
been quiet.
Chief Boyd issued a caveat, saying that the Department has an officer
that lives in the Subdivision; when it was before the Planning Commission
he monitored it because most of the housing that is under Max Howell
government housing offers them recourse when there is a problem. He
stated they can go to them, adding that it was his understanding that it
was too late for them to get this plat in the agreement with the other
government housing, he stated that it was his push to see that these lots
were developed the same as the original housing so that they would have a
recourse. He stated that when duplexes are put in against the back wall
he has concerns.
ROLL CALL: Alderman Elliott, Sansing, Traylor, and Twitty voted AYE (4).
Alderman Bolden, Ray, Mashburn, Smith, and Howard NAY (5). MOTION
FAILED.
GENERAL:
WASTEWATER DEPARTMENTS:
APPOINTMENTS: JACKSONVILLE HOUSING AUTHORITY
Alderman Elliott moved, seconded by Alderman Bolden to approve the
appointment of Roger Sundermeier to fill the unexpired term of Donnie
Farmer for a term to expire 3/17/2019. MOTION CARRIED.
ANNOUNCMENTS: Mayor Fletcher introduced Alderman Elect Les Collins of
Ward 5, Position 2. He stated that Les Collins would fill the position
currently held by Alderman Bill Howard on January 1, 2017. He noted that
Alderman Howard is not seeking re-election.
Mr. Cordell Casey a member of the Mt. Pisgah Baptist Church related that
the Church constructed a family learning center that opened in July, and
have since learned that there is a speeding problem with traffic on Ray
Road. He informed the City Council of situations regarding emergency
breaking as cars top the hill by the Church. He explained that there is a
cross walk that serves both the Church and the Center with parking on
both sides. He stated that he is asking the City to help remedy the
problem by installing a caution light and speed bumps. He stressed the
emergency of the situation, citing that there will be either a fatality
or injury regarding the members of the Church.
Mayor Fletcher stated that a traffic study would have to be performed,
adding that speed bumps are not effective when it comes to emergency
vehicles. He explained that speed bumps create a negative situation. He
offered that the Police Department could run radar and put up some
signage to encourage vehicles to slow down. He stated that speeding is
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 3, 2016
7:00 P.M. – 7:38 P.M.
the number one complaint he receives, noting there are other situations
as bad or worse requesting speed bumps. He reiterated that speed bumps
or a caution light would require a traffic study.
Alderman Elliott ascertained that the current speed limit for Ray Road is
35 mph. He questioned if a sign announcing the cross walk could be
installed.
Public Works Director Jim Oakley answered that there is already a cross
walk sign erected.
Mr. Casey concurred, saying that the sign is not observed. He stated
that an elderly lady was almost hit using the cross walk. He stated that
his prayer would be that the City would help in this situation.
Alderman Ray assured Mr. Casey that the Police Chief will work on the
situation.
Alderman Howard commended the Mayor and Public Works Director Jim Oakley
regarding their safety efforts at Pinewood and Warren Dupree Elementary
Schools. He explained that a shoulder drive is being constructed to help
get school pick-up traffic off Gregory Street. He then noted that
Pinewood has a similar situation that is being addressed.
Mayor Fletcher stated that he would meet with City Engineer Whisker the
first part of next week to explore solutions for the Church.
Mayor Fletcher then announced that the Citizens Police Academy will begin
on March 29, 2016. CDBG Public Hearing March 10, 2016 at 6:00 p.m.
regarding 2016 projects.
It was announced that the School Board meets the first Monday of each
month.
ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at
approximately 7:38 p.m. MOTION CARRIED.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR GARY FLETCHER
City Clerk-Treasurer
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